How do I apply for legal aid service?

You apply at your nearest legal aid office (See Map/Office Locations). If you are told to come to the office, ask when it's open and if you need an appointment. Ask what you will need to bring, such as:

We require your last four months of pay stubs including a YTD total to verify that you qualify for Legal Aid. We also request the last three years of income tax returns as this is required by the Court in Family Law proceedings.

What services do you provide?

Services are provided in two areas--criminal and civil law. Some examples of each are:

CRIMINAL LAW MATTERS

• serious offences under the Criminal Code (indictable) and other Federal Laws
• summary conviction offences when there is likelihood of imprisonment or loss of livelihood
• offences under the Youth Criminal Justice Act, provided the service falls within the previous two items
• appeals to a higher court

CIVIL (FAMILY) LAW MATTERS

• child custody issues
• set up child support or spousal support payments
• access to see children
• to help when children have been taken away from a parent or where there are threats that they will be taken away
• separation
• divorce
• assisting parents in cases of child apprehensions

What services do you NOT provide?

We are not able to help if your issues relate to:

• all fee-generating services, e.g. matrimonial property, conveyancing, wrongful dismissal disputes, etc.
• actions on municipal bylaws
• wills and estates
• income tax returns
• change of name
• Workers Compensation applications
• Highway Traffic Act, except those provisions dealing with drinking and driving
• Business Corporation Act
• private prosecutions
• Small Claims actions
• Welfare appeals
• E.I. appeals
• foreclosure
• matters under the Immigration and Refugee Protection Act
• Parole hearings
• administrative inmate discipline hearings in Correctional Centres/Penitentiary
• peace bond applications under the Criminal Code

How long does it take?

The staff may be able to tell you right away if you can get legal aid, or they may need you to complete some papers before you fill out an application. Tell legal aid staff if your situation is an emergency!

What do I do to get started?

After it has been determined you are eligible, call to make an appointment with your lawyer. Remember to ask what you should bring with you (see above).  Tell the receptionist to whom you wish to speak. The lawyers are often in Court, and so may not be available to take your call. If there is a reason someone should return your call immediately, let us know. Tell us the best time to reach you and your full name and phone number so that someone can call you back if needed.  If you want to make an appointment or confirm a Court date, the secretary may be able to help you. If you need legal advice or have important information to tell your lawyer, please leave a message for your lawyer. With telephone voice mail you can leave a confidential detailed message. If Legal Assistants are assigned to work with your lawyer, you may leave information with them.

As our offices are very busy and we can't always respond immediately to your calls, we ask that you call only when necessary.

How do I prepare for my first meeting with my lawyer?

Before you go to your first meeting:

(1) write down the details of your case, including dates and names of witnesses;
(2) make a list of questions you want to ask; and
(3) bring a notebook with you to make notes of what your lawyer says.  When you go to the meeting, tell your lawyer as much as possible about the legal problem even though you may feel embarrassed or uncomfortable. The lawyer is not there to judge you.

May I bring someone else along for the interview/intake appointment?

You are welcome to bring someone along, but it will be up to the lawyer or legal assistant as to whether they will allow them in on the interview. Anything that you say to your lawyer or legal assistant is said in confidence. We must be very careful because any other person at the interview (i.e., a partner, a parent, a spouse or other support person) is not protected by the confidentiality rules. It is possible they could be called as a witness against you. We will try to interview you alone, and then if necessary, and if you want us to, we will speak to the other support person.

Who is tested to find out if I'm financially eligible?

The legal aid staff will ask you questions to find out how much money you have, and to decide if you have enough money to pay for your own lawyer. Legal Aid must do a financial test for you, your spouse, common-law partner or same-sex partner and any of your dependent children. The Province of Saskatchewan and the Saskatchewan Legal Aid Commission set the financial guidelines. These tests are called the asset test and the income test.

What is the asset test?

Legal Aid looks at all of your assets, such as cash, bank accounts, stocks, bonds and RRSPs to see if you can pay for all of your legal fees. We also look at anything you can sell or easily convert to cash. Depending on your situation, you may be expected to use some of your assets to pay for legal fees.  We also look at other assets, such as houses, cars and property. Normally if you own a house or property, you are expected to borrow against it to pay for legal fees. You must provide proof of your assets, such as tax returns, bank records or financial statements.

What is the income test?

Legal Aid will ask you to give information about all of your sources of income, including you,  your spouse, common-law partner or same-sex partner and your dependant children. Income includes social assistance, band assistance, employment insurance, workers' compensation, employment income, maintenance payments, pensions, self-employment earnings, rental income, etc. We look at your net income, that is, after any payroll deductions.

If you are on social assistance or band assistance, you are usually eligible for legal aid, depending on your available assets.

Proof Needed

You must prove your sources of income to Legal Aid staff through recent pay slips, social assistance, pension income, EI or WCB statements, tax returns, bank records or financial statements.

You may be eligible for legal aid if your net income is at or below:

What type of decisions can be made about my eligibility?

After the financial tests are done, Legal Aid can calculate how much money you have available to pay for a lawyer. Based on our policies you may receive legal aid, you may be asked to pay some of the costs, or you may be refused legal aid. If you receive legal aid, you may be asked to come back in the future to have your financial situation looked at again to make sure you still qualify.

Also, if you can't get legal aid, you can still get legal information from the Resources on our web site, and from these services:

• printed information from legal aid offices, government offices, court houses and libraries
• PLEA (Public Legal Education Association of Saskatchewan) in Saskatoon at 306-653-1868
• Internet. If you don't have access, you may find free access at your local library
• CLASSICS (Community Legal Assistance Services for Saskatoon Inner City) in Saskatoon at 306-653-7676

What if I am refused legal aid services, and I disagree with the decision?

If Legal Aid refuses you to receive legal services or asks you to pay some money toward the costs of the legal fees, and you disagree with this decision, you can appeal the decision to the CEO within 20 days from when the Legal Director sent you a written denial of service. The appeal form is attached to the denial.

You can contact the CEO as described here. You can also reapply if there is a change in your financial circumstances.

What are my options if I'm not eligible and don't feel I have sufficient funds to hire a lawyer?

In family law matters (uncontested divorce, child support orders, etc.) you may be able to use a "self-help kit" available from the Saskatchewan Law Court. The Family Justice Services Branch of Sask. Justice runs the Support Variation Project (assists parents with limited income by providing free information and services to facilitate changes to their existing child support order or agreement) and the Family Law Information Centre provides all members of the public, regardless of income level, with free legal information on family law matters. The toll-free number is 1-888-218-2822 or in Regina call 787-5873.  

You may choose to represent yourself in criminal court, and advice and resources are available to help you. The Public Legal Education Association (PLEA) also has publications that might help.  Also please check our Links page for other resources.

What qualifications do your lawyers have?

All of our staff lawyers have graduated from the same law schools as lawyers in private practice...in fact some of them have left private practice to work with Legal Aid. The Commission employs some 75 lawyers, legal assistants and support staff in Legal Aid offices located throughout the province. Here are some interesting facts about their levels of experience and professionalism:

• Eight of the lawyers (about 10% of the total) have received the designation "Queen's Counsel" (see Note).
• about 1/3 of the lawyers have been practicing law for 10 to 20 years.
• about 1/3 of the lawyers have been practicing law for more than 20 years.
• our lawyers practice in all levels of Court, including the Saskatchewan Court of Appeal and when required, The Supreme Court of Canada.

Note:  Queen's Counsel is an honorary designation. Appointees must live in Saskatchewan and must have practiced law at least 10 years in the superior courts of any province or territory of Canada, or the United Kingdom and Ireland. Individuals receiving the Queen's Counsel (QC) designation have been recommended by a selection committee compromised of Saskatchewan's Minister of Justice, the Chief Justice of the Court of Queen's Bench for Saskatchewan or the Chief Justice of the Court of Appeal (on an alternating basis), and the past presidents of the Saskatchewan branch of the Canadian Bar Association and the Law Society of Saskatchewan.

What can I expect from my lawyer?

Your lawyer's job is:

• to provide legal advice, explain choices for you and the results you might expect.
• to tell you what to expect and advise you of the progress of your case in a way you can understand. (If you don't understand, don't be afraid to ask. We're trying 'to help you with your legal problems, and it's important you are aware of what is being done on your behalf!).
• to speak for you and to represent you in Court and in discussions on your case and provide you with any offers of settlement.

It is NOT a lawyer's job:

• to do whatever you want, whether or not there is any likelihood of success of your request.
• to provide emotional, marriage or non-legal counseling, as this requires special training. Your lawyer may be aware of community services and resources. Don't be afraid to ask.
• to enter a plea of guilty when you don't admit do doing anything wrong.

What will my lawyer expect from me?

Your relationship with your lawyer is a two-way street. Your lawyer will need you to:

• Provide your full name, address and phone number. You must advise your lawyer if you change any of this information. Your lawyer must be able to locate you easily.
• Provide any information requested by the lawyer or legal assistant. Complete all forms to the best of your ability and return them to the office as quickly as possible. Often we can't do our work until all the information has been collected.
• Provide information on changes in your financial or family situation. Have you started or stopped working? Has your family size changed? Your lawyer needs to know this.
• Keep all appointments. If you are unable to keep an appointment, phone and inform the offices and reschedule. NOTE: Failure to do so without good reason and without notice may lead to withdrawal of legal services.

What if I can't make my court date?

It is your duty to make EVERY effort to appear in court on the date assigned. However, in the case of an emergency that prevents you from attending, you should first call the crown prosecutor to find out if you are required to be there in person. If so, and you are represented by a lawyer, you should next call your lawyer. If you are not represented by a lawyer, call the RCMP (see your phone book); court worker; or crown prosecutor and provide telephone numbers where possible.  For family court matters, call the court directly.

Can you promise me our conversations will be confidential?

Yes. Your lawyer needs to know everything about your case, but what you say is completely confidential and will not be disclosed without your permission, except as required by law. Unless you need an interpreter or translator, the lawyer will want to meet with you alone. If you bring a friend or advocate when you see the lawyer, the lawyer may ask them to wait in the waiting room. This is because your friend could be asked to testify in Court about what was heard in the lawyer's office.

Who is the legal assistant, and what do they do?

In some cases, you may work directly with a Legal Assistant. A Legal Assistant works as part of your legal team and always works under the supervision of a lawyer. The Legal Assistant has the same commitment to good service as your lawyer.  A legal assistant (also sometimes called a "paralegal") is the lawyer's "right hand" person. They may conduct interviews, gather information, help you determine a range of options, and make recommendations. They may represent you in court for adjournments, entering pleas, setting matters over to trial, etc. They prepare documents and pleadings, interview witnesses and may mediate between a client and opposing party, among other duties.

What if I have a complaint?

If you have a complaint about the way your case is being handled, follow these steps:

1. The first, and most important thing to do is talk to us! Many concerns can be easily resolved by communicating clearly about the concern. First speak to the lawyer or legal assistant who has been looking after your case about your concerns.
2. If you don't feel satisfied after talking with your legal team, write down your concerns, and ask to speak to or write to the Legal Director of the Office.
3. Last, if you still don't feel like your concern has been appropriately addressed, write to the Chief Executive Officer of the Saskatchewan Legal Aid Commission. Address your letter to: #502 - 201 21st Street East, Saskatoon, SK, S7K 2H6.
4. You may also phone at 306-933-5303 (in Saskatoon) or Toll-Free at 1-800-667-3764 or email: central@legalaid.sk.ca.